(a) A refiner for any refinery, or an importer, may generate credits in 2004 and thereafter if the annual average sulfur level for gasoline produced or imported for the averaging period is less than 30.00 ppm; or, for refiners that are subject to the small refiner standards in Sec. 80.240, the small refiner annual average sulfur standard applicable to that refinery; or, for refiners and importers subject to the GPA standards in Sec. 80.216, the least of 150.00 ppm, or the refinery's or importer's 1997-1998 sulfur level calculated under Sec. 80.295 plus 30.00 ppm, or the refinery's lowest annual average sulfur level for any year from 2000 through 2003 during which the refinery generated credits or allotments plus 30.00 ppm.
(b) Credits are calculated as follows: CRa = Va x (SCredit - Sa) Where: CRa = Credits generated for the averaging period.Va = Total annual volume of gasoline produced at a refinery
or imported during the averaging period.SCredit = 30.00 ppm; or the sulfur standard for a small
refinery established under Sec. 80.240; or, for gasoline
designated as GPA gasoline under Sec. 80.219, the least of
150.00 ppm, or the refinery's or importer's 1997-1998 sulfur
level calculated under Sec. 80.295 plus 30.00 ppm, or the
refinery's lowest annual average sulfur level for any year
from 2000 through 2003 during which the refinery generated
credits or allotments plus 30.00 ppm.Sa = Actual annual average sulfur level, calculated in
accordance with the provisions of Sec. 80.205, for gasoline
produced at a refinery or imported during the averaging
period, exclusive of any credits.
(c) Credits generated in accordance with this section must be identified by the year of creation. [65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19308, Apr. 13, 2001; 67 FR 40184, June 12, 2002; 71 FR 54912, Sept. 20, 2006]
ABT Program--Credit Use